Haiti - FLASH : The Government declares a State of emergency in Haiti
According to Ady Jean Gardy, the Minister of Communication, the State of emergency is declared in accordance with the gravity of the situation resulting from the passage of Sandy on the country and on the basis of Articles 19, 24 and 136 of the Constitution. This decision takes into account the law of 15 April 2010 amending the Decree Law of 9 September 2008 on the importance of the State of emergency for humanitarian reasons.
According to the Minister Ady Jean Gardy, the declaration of the State of emergency has been taken in the evening of October 30, 2012, by mutual agreement with all the Government Ministers.
Learn more about the laws :
Article 19 - The State has the absolute obligation to guarantee the right to life, health, respect for the human person, to all citizens without distinction, in conformity with the Universal Declaration of Human Rights.
Article 24 - Individual liberty is guaranteed and protected by the State.
Article 136 - The President of the Republic, Head of State, ensures compliance and enforcement of the Constitution and the stability of institutions. It ensures the proper functioning of public authorities and the continuity of the State.
POWERS OF AUTHORITIES
Article 6. - During the State of emergency, and by derogation to the standards in force, the Government is empowered to act under the act establishing the State of emergency, it takes all measures deemed necessary including the call for international solidarity. In the latter case, interventions will be made according to the rules of International Law and National Law.
Article 7. - Under the act establishing the State of Emergency, the Government :
1- orders the implementation of the measures provided by the National Response Plan in case of natural disaster ;
2- apply rapid procedures for the release of funds ;
3- makes the expenditures deemed necessary ;
4- decommits of budget in order to cope with the situation, with the exception of salaries, compensation and pensions ;
5- grants the contracts that it deems necessary in accordance with the rapid procedures provided by the regulations on public procurement
6- grants for the time it deems necessary for the rapid and effective intervention measures, the authorizations and exemptions provided by law for the exercise of an activity or the performance of an act required in the circumstances;
7- ordered the closure of establishments in the zones concerned ;
8- ordered when there is no other means of protection, the evacuation of persons of all or a part of the zones concerned ;
9- take the necessary steps in order to host the displaced populations and if necessary proceeds to their supply ;
10- control access to roads in the zones concerned or imposes it special rules ;
11- took the decision to implement, for the zones concerned, any program of financial assistance considered necessary for the persons who are victims ;
12- ordered when there is no other means of protection, the construction or demolition of work as well as the displacement of any property in the zone concerned ;
13- makes available to the institutions responsible for Civil Protection of Public Agents ;
14- requires the assistance of any person able to come in support to the staff deployed, if the number of Public Agents available is not enough ;
15- coordinates recruitment and the work of volunteers ;
16- requisition additional means of rescue and accommodations belonging to private persons, if the logistics means available for the public services are not enough ;
17- creates and organizes ad hoc structure with all the necessary powers to ensure effective management of the emergency situation ;
18- strengthens the safety devices in the zones concerned ;
19- makes broadcast by stations transmitting of programs to inform the population properly